Prescott eNews

A lot has happened in the last few days in the case of the State of Arizona vs. James Arthur Ray since his Initial Appearance hearing in Judge Warren R. Darrow's court on Thursday, February 4, 2010.

Gag Order Hearing

First, after appearances by defense attorneys on Good Morning America and Larry King Live, Yavapai County Attorney Sheila Polk has requested a "Gag Order" hearing. This Gag Order would preclude all attorneys and staff for the defense; and the Yavapai County Attorney's Office, as well as all employees of Yavapai County Sheriff''s office from disseminating "...to the public through written or electronic media of any kind as to any aspect of this case with the exception of the scheduling of hearings, trial or other procedural matters before the court." Later, that motion was expanded to include Ray's website and blog.

Attorney Brad Brian spoke recently on the Larry King Show - appearances such as this are what the Yavapai County Attorney hopes to suppress. 

The hearing regarding the gag order will be on Friday at 3 pm.

No Expedited Reduction of Bail Hearing

So, what about the agreed-upon expedited Reduction of Bail hearing set for Friday, February 12, 2010 at 8 am? Well, that hearing has been cancelled. According to Defense Attorney Tom Kelly,  Yavapai County Attorney Bill Hughes, upon further reflection, felt that he would not have enough time to provide written arguments in favor of the bail amount by Wednesday; thus, Hughes withdrew his agreement to an expedited hearing on the matter.

When the Grand Jury Indictment was handed down, resulting in Ray's arrest, bail was set at $5 million. During Ray's Initial Appearance hearing, his attorney, Tom Kelly, called the amount "unconscionable" and stated that his client was unable to come up with bail in that amount. Ray's other attorney, Luis Li, who is from California, offered the following reasons to have the bail amount reduced in his Motion for Reduced Bail, filed on February 4, 2010:

• Mr. Ray is a business-owner and best-selling author
• Mr. Ray does not have any criminal record
• Mr. Ray is simply not a flight risk
• Mr. Ray does not pose a threat to public safety
• Mr. Ray does not have the financial means to furnish a $5,000,000 bond
• A $5,000,000 bond in this case is excessive

Judge Darrow while noting that it was strictly an Initial Appearance hearing, did agree to set a bail hearing in 8 days, which was to be on the 12th. That's the hearing that has been cancelled.

No Early Disposition Court Hearing

But, there was another hearing scheduled in the case, and that was the Early Disposition Court hearing to be held on Thursday, February 11 at 8 am.

That has also been cancelled, due to a motion filed by Ray's attorney, Tom Kelly. That motion reads, "Defendant, by and thorugh his attorneys undersigned, requests this court enter its orders vacating the Early Disposition Court setting of February 11, 2010, assigning this matter to a court of appropriate jurisdiction and setting a Case Management Conference. Deputy County Attorney, Steven Young joins in this request."

Transcripts Released

Last Friday, 20 transcripts were released to the press, containing interviews between investigating officers and individuals with a variety of connections to the case. Prescott eNews will be reporting on those later this week.

Ray Is Still In Jail

In the meantime, Ray is still in a jail cell at the Camp Verde detention center. According to Yavapai County Sheriff Office Public Information Officer Dwight D'Evelyn, Ray is "housed alone and not allowed in general population." D'Evelyn explains that this is due to a standard operating procedure because of Ray's status as a high profile inmate.

Download Court Documents (added 2/09/10 8 am)

TrackBack URI for this entry

Comments (4)

Subscribe to this comment's feed